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THEROLE OF

INTELLECTUALPROPERTYRIGHTSINPROTECTINGTRADITIONALKNOWLEDGE

The Philippine Experience

Presented by:

Marga C. Domingo-MoralesSenior Policy and Planning Officer,Philippine Department of Agriculture


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II. THE PHILIPPINELEGAL AND

POLICYFRAMEWORK

III. ISSUES ANDRECOMMENDATIONS

IV. RECOMMENDEDINTERNATIONAL

ACTION

OUTLINE OF

PRESENTATION

I. INTRODUCTION


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I. INTRODUCTION

TK consists of the original rights ofindigenous peoples and localcommunities over various elements: Plants and genetic resources

Traditional medicines Agricultural methods and local

technologies

Cultural products, etc.

Since indigenous communities do nothave a written tradition or culture,recognition of TK through a system ofIPRs has always been difficult andcomplex

Department of Agriculture


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In the Philippines, there are no existingIPRs on TK. There are only measures

on how to protect TK from use.

Objective of the Paper Provide an overview of the Philippine legal

and policy framework for the protection of

TK; and

Identify key issues and recommendationson the role of IPRs on TK based on

Philippine experience.

I. INTRODUCTION



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II. PHILIPPINE LEGAL &POLICY FRAMEWORK

A. Access to Genetic Resources and

Sharing of Benefits

B. Community Rights over IndigenousKnowledge, Traditional Medicines,

Oral Traditions, etc.

C. Documentation and Registration of

TK

D. Farmers Rights as Breeders



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A. Access to GeneticResources andSharing of Benefits

Allow bio-prospecting within ancestrallands and domains of the indigenouscultural communities only with a prior

informed consent of such communities(EO 247, Indigenous Peoples Rights

Act, Wildlife Resources Conservationand Protection Act)

Entitle the indigenous community toroyalties or other forms ofcompensations which may be negotiatedin the event that traditional varieties are

exploited for commercial or academicuse Department of Agriculture


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EO 247 is implemented through theInter-Agency Committee on Biological

and Genetic Resources (ICBGR) Collection of biological resources

require:

(1) commercial research agreement(2) academic research agreement


A. Access to GeneticResources andSharing of Benefits


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IPRA - promotes the rights of

indigenous communities to control,

develop, and protect their sciences,technologies, and cultural

manifestations, including human, and

other genetic resources, traditional

medicines, vital medicinal plants, oraltraditions, literature, designs, etc.,

B. Community Rights



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Traditional and Alternatives MedicineAct -institutionalizes the ownership by

indigenous societies of theirknowledge of traditional medicines.When knowledge is used by outsiders,the indigenous societies require thepermitted users to acknowledge itssource and demand a financial returnthat may come from its authorizedcommercial use.

B. Community Rights



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C. Documentation andRegistration of TK

A continuing process of documentingand making an inventory of plantgenetic resources and TK

For PGR - DA launched the NationalNetwork on the Conservation andSustainable Use of Plant GeneticResources; and designated theNational Plant Genetic ResourcesLaboratory (UPLB) as the nationalrepository



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For specific crops such as rice, sugar,coconut, abaca- other local R&Dinstitutions (e.g. PhilRice, SRA, PCA,FIDA)

For cultural products and heritage-National Museum

For inventions, industrial designs, andutility models- Intellectual PropertyOffice

For traditional medicines- PhilippineInstitute of Traditional and AlternativeHealth Care

C. Documentation andRegistration of TK



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No specific law in the Philippines thatoffers IPR protection for innovationsconcerning plant varieties

Philippine Intellectual Property Codeprovides that new plant varieties andanimal breeds can not be covered bypatents

However, IP Code provides for theenactment of a sui generisprotection ofplant varieties and animal breeds and/orsystem of community intellectual rightsprotection for this purpose

D. Farmers Rightsas Breeders



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Pending Plant Variety Protection (PVP) Bill

- Acknowledges the role of farmers inimproving seeds through selection in thegrant of farmers privilege to save, use,exchange, and sell seeds;

- Encourages farming communities toestablish their respective local registrysystem to register or build an inventory of

locally-bred varieties;- Directs the PVP Registrar to institutionalize,

maintain, and continuously update adatabase of existing or commonly/publiclyknown plant varieties in the Philippines


D. Farmers Rightsas Breeders


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1. Regulate access to biological &genetic resources for our peoples

benefits.

2. Complement regulations with an up todate inventory or registration systemof TK.




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3. Acknowledge the role of farmers inimproving breeds and the rights of

indigenous communities over TK.

4. Strengthen IPR systems to recognizethe more informal, communal systemof innovation.




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1. Continue regional discussion toestablish a common framework that willregulate access to local biodiversity

and genetic resources.2. Develop a model law to provide for the

protection of community intellectualrights.

3. Provide technical assistance for theinstitution building mechanisms in theprotection of TK, the setting up of adocumentation and registration system

for informal innovations, among others.

IV. RECOMMENDEDINTERNATIONAL

ACTION



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